Before the Schaf er decision, some courts had ruled that the school district always had the burden of proof in a due process hearing, since the school had the obligation to provide FAPE and school...




Before the Schaf er decision, some courts had ruled that the school district always had


the burden of proof in a due process hearing, since the school had the obligation to


provide FAPE and school officials had more expertise and knowledge than parents


regarding special education requirements and providing FAPE. What benefits to the


student, if any, would this approach have over the approach set forth in Schaf er?





May 18, 2022
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